request for quotes - purchasing.sc.edupurchasing.sc.edu/solicitations/s_1593533106.pdf ·...
TRANSCRIPT
Request for Quotes
Solicitation Number: USC-RFQ-3632-SG
Date Issued: June 23, 2020
Procurement Officer: Stacy Gregg, CPPO, CPPB
Phone: 803-777-3596
E-Mail Address: [email protected]
Mailing Address 1600 Hampton Street; Ste 606
Columbia, SC 29208
DESCRIPTION: CDMO Cloud Migration Preparation and Support
USING GOVERNMENTAL UNIT: UNIVERSITY OF SOUTH CAROLINA BARUCH INSTITUTE
The Term "Offer" Means Your "Bid" or "Proposal". Your offer must be submitted in a sealed package. Solicitation Number & Opening Date must appear on package exterior. See "Submitting Your Paper Offer or Modification" provision.
SUBMIT YOUR SEALED OFFER TO EITHER OF THE FOLLOWING ADDRESSES:
MAILING ADDRESS: University of South Carolina – Purchasing Department 1600 Hampton Street, Suite 606 Columbia SC 29208
PHYSICAL ADDRESS: University of South Carolina – Purchasing Department 1600 Hampton Street, Suite 606 Columbia SC 29208
SUBMIT OFFER BY (Opening Date/Time): June 30, 2020 at 11:00 AM (EST) (See "Deadline For Submission Of Offer" provision)
QUESTIONS MUST BE RECEIVED BY: June 26, 2020 at 11:00 AM (EST) (See "Questions From Offerors" provision)
NUMBER OF COPIES TO BE SUBMITTED: 1 (one) Original Hard Copy;
1 (number) Digital versions on USB drive;
CONFERENCE TYPE: Not Applicable DATE & TIME: (As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions)
LOCATION: Not Applicable
AWARD &
AMENDMENTS Award will be posted on 06/30/2020. The award, this solicitation, any amendments, and any related notices
will be posted at the following web address: https://sc.edu/about/offices_and_divisions/purchasing/index.php
You must submit a signed copy of this form with Your Offer. By signing, You agree to be bound by the terms of the Solicitation. You
agree to hold Your Offer open for a minimum of thirty (30) calendar days after the Opening Date. (See "Signing Your Offer" provision.)
NAME OF OFFEROR
(full legal name of business submitting the offer)
Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror. The entity named as the Offeror must be a single and distinct legal entity. Do not use the name of a branch office or a division of a larger entity if the branch or division is not a separate legal entity, i.e., a separate corporation, partnership, sole proprietorship, etc.
AUTHORIZED SIGNATURE (Person must be authorized to submit binding offer to contract on behalf of Offeror.)
DATE SIGNED
TITLE (business title of person signing above)
STATE VENDOR NO. (Register to Obtain S.C. Vendor No. at www.procurement.sc.gov)
PRINTED NAME (printed name of person signing above)
STATE OF INCORPORATION (If you are a corporation, identify the state of incorporation.)
OFFEROR'S TYPE OF ENTITY: (Check one) (See "Signing Your Offer" provision.) ___ Sole Proprietorship ___ Partnership ___ Other_____________________________ ___ Corporate entity (not tax-exempt) ___ Corporation (tax-exempt) ___ Government entity (federal, state, or local)
COVER PAGE – PAPER ONLY (MAR. 2015)SAP PAGE TWO
(Return Page Two with Your Offer)
HOME OFFICE ADDRESS (Address for Offeror's home office /
principal place of business)
NOTICE ADDRESS (Address to which all procurement
and contract related notices should be sent.) (See "Notice"
clause)
________________________________________________
Area Code - Number - Extension Facsimile
_______________________________________________
E-mail Address
PAYMENT ADDRESS (Address to which payments will be sent.)
(See "Payment" clause)
____Payment Address same as Home Office Address
____Payment Address same as Notice Address (check only one)
ORDER ADDRESS (Address to which purchase orders will
be sent) (See "Purchase Orders and "Contract Documents"
clauses)
____Order Address same as Home Office Address
____Order Address same as Notice Address (check only one)
ACKNOWLEDGMENT OF AMENDMENTS
Offerors acknowledges receipt of amendments by indicating amendment number and its date of issue. (See "Amendments to
Solicitation" Provision)
Amendment No. Amendment
Issue Date
Amendment
No.
Amendment
Issue Date
Amendment
No.
Amendment
Issue Date
Amendment
No.
Amendment
Issue Date
DISCOUNT FOR PROMPT
PAYMENT (See "Discount for Prompt Payment"
clause)
10 Calendar Days (%) 20 Calendar Days (%) 30 Calendar Days (%) _____Calendar Days (%)
PREFERENCES - A NOTICE TO VENDORS (SEP. 2009): On June 16, 2009, the South Carolina General Assembly rewrote the law governing
preferences available to in-state vendors, vendors using in-state subcontractors, and vendors selling in-state or US end products. This law appears in
Section 11-35-1524 of the South Carolina Code of Laws. A summary of the new preferences is available at www.procurement.sc.gov/preferences.
ALL THE PREFERENCES MUST BE CLAIMED AND ARE APPLIED BY LINE ITEM, REGARDLESS OF WHETHER AWARD IS MADE
BY ITEM OR LOT. VENDORS ARE CAUTIONED TO CAREFULLY REVIEW THE STATUTE BEFORE CLAIMING ANY
PREFERENCES. THE REQUIREMENTS TO QUALIFY HAVE CHANGED. IF YOU REQUEST A PREFERENCE, YOU ARE
CERTIFYING THAT YOUR OFFER QUALIFIES FOR THE PREFERENCE YOU'VE CLAIMED. IMPROPERLY REQUESTING A
PREFERENCE CAN HAVE SERIOUS CONSEQUENCES. [11-35-1524(E)(4)&(6)]
PREFERENCES - ADDRESS AND PHONE OF IN-STATE OFFICE: Please provide the address and phone number for your in-state office in the
space provided below. An in-state office is necessary to claim either the Resident Vendor Preference (11-35-1524(C)(1)(i)&(ii)) or the Resident
Contractor Preference (11-35-1524(C)(1)(iii)). Accordingly, you must provide this information to qualify for the preference. An in-state office is not
required, but can be beneficial, if you are claiming the Resident Subcontractor Preference (11-35-1524(D)).
____ In-State Office Address same as Home Office Address
____ In-State Office Address same as Notice Address (check only one)
PAGE TWO (SEP 2009) End of PAGE TWO
Solicitation Outline
Section I. Scope of Solicitation
Section II.A. General Instruction to Offerors
Section II.B. Special Instruction to Offerors
Section III Scope of Work/Specs
Section IV. Information for Offerors to submit
Section V. Qualifications
Section VI. Award Criteria
Section VII.A. General Terms & Conditions
Section VII.B. Special Terms & Conditions
Section VIII. Bidding Schedule/Price Proposal
4
I. SCOPE OF SOLICITATION
ACQUIRE SERVICES & SUPPLIES / EQUIPMENT (JAN 2006)
The purpose of this solicitation is to acquire services and supplies or equipment complying with
the enclosed description and/or specifications and conditions. The University is soliciting for
CDMO Services for Baruch Marine Field Laboratory; 2306 Crabhall Road; Hwy 17 North,
Hobcaw Barony; Georgetown, SC 29440 [01-1005-1]
II. INSTRUCTIONS TO OFFERORS - A. GENERAL INSTRUCTIONS
DEFINITIONS, CAPITALIZATION, AND HEADINGS (DEC 2015)
CLAUSE HEADINGS USED IN THIS SOLICITATION ARE FOR CONVENIENCE ONLY
AND SHALL NOT BE USED TO CONSTRUE MEANING OR INTENT. EVEN IF NOT
CAPITALIZED, THE FOLLOWING DEFINITIONS ARE APPLICABLE TO ALL PARTS OF
THE SOLICITATION, UNLESS EXPRESSLY PROVIDED OTHERWISE.
➢ AMENDMENT means a document issued to supplement the original solicitation
document.
➢ AUTHORITY means the State Fiscal Accountability Authority or its successor in
interest.
➢ BUSINESS means any corporation, partnership, individual, sole proprietorship, joint
stock company, joint venture, or any other legal entity. [11-35-310(3)]
➢ BUSINESS PROPOSAL may be used interchangeably with the term Price Proposal. The
Business proposal (Price proposal) shall never be included in the same enclosure or file
as the Technical Proposal.
➢ CHANGE ORDER means any written alteration in specifications, delivery point, rate of
delivery, period of performance, price, quantity, or other provisions of any contract
accomplished by mutual agreement of the parties to the contract. [11-35-310(4)]
➢ CONTRACT See clause entitled Contract Documents & Order of Precedence.
➢ CONTRACT MODIFICATION means a written order signed by the Procurement
Officer, directing the contractor to make changes which the clause of the contract titled
“Changes,” if included herein, authorizes the Procurement Officer to order without the
consent of the contractor. [11-35-310(9)]
➢ CONTRACTOR means the Offeror receiving an award as a result of this solicitation.
➢ COVER PAGE means the top page of the original solicitation on which the solicitation is
identified by number. Offerors are cautioned that Amendments may modify information
provided on the Cover Page.
➢ OFFER means the bid or proposal submitted in response this solicitation. The terms Bid
and Proposal are used interchangeably with the term Offer.
➢ OFFEROR means the single legal entity submitting the offer. The terms Bidder or
Supplier is used interchangeably with the term Offeror. See bidding provisions entitled
Signing Your Offer and Bid/Proposal As Offer To Contract.
5
➢ PAGE TWO means the second page of the original solicitation, which is labeled Page
Two.
➢ PROCUREMENT OFFICER means the person, or his successor, identified as such on
either the Cover Page, an amendment, or an award notice.
➢ YOU and YOUR means Offeror.
➢ SOLICITATION means this document, including all its parts, attachments, and any
Amendments.
➢ TECHNICAL PROPOSAL means the Offer. It is the submission that the Offeror
provided as a means to present a solution to the Request for Proposal. The Technical
Proposal shall never include pricing information; and shall always be submitted in a file
or enclosure separate from the Price Proposal.
➢ STATE means the Using Governmental Unit(s) identified on the Cover Page as The
University of South Carolina.
➢ SUBCONTRACTOR means any person you contract with to perform or provide any part
of the work.
➢ US or WE means the using governmental unit.
➢ USING GOVERNMENTAL UNIT (UGU) means the unit(s) of government identified as
such on the Cover Page. UGU may also be referred to as The University of South
Carolina, the University, University, or UofSC.
➢ WORK means all labor, materials, equipment, services, or property of any type, provided
or to be provided by the Contractor to fulfill the Contractor’s obligations under the
Contract. [02-2A003-3]
AMENDMENTS TO SOLICITATION (JAN 2004)
(a) The Solicitation may be amended at any time prior to opening. All actual and prospective
Offerors should monitor the following web site for the issuance of Amendments:
http://purchasing.sc.edu (b) Offerors shall acknowledge receipt of any amendment to this
solicitation (1) by signing and returning the amendment, (2) by identifying the amendment
number and date in the space provided for this purpose on Page Two, (3) by letter, or (4) by
submitting a bid that indicates in some way that the bidder received the amendment. (c) If this
solicitation is amended, then all terms and conditions which are not modified remain unchanged.
[02-2A005-1]
AUTHORIZED AGENT (FEB 2015)
All authority regarding this procurement is vested solely with the responsible Procurement
Officer. Unless specifically delegated in writing, the Procurement Officer is the only government
official authorized to bind the government with regard to this procurement or the resulting
contract. [02-2A007-1]
AWARD NOTIFICATION (May 2019)
Notice regarding any award, cancellation of award, or extension of award will be posted at the
location and on the date specified on the Cover Page or, if applicable, any notice of extension of
award. Should the contract resulting from this Solicitation have a total or potential value in
excess of one hundred thousand dollars, such notice will be sent electronically to all Offerors
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responding to the Solicitation and any award will not be effective until the calendar day
(including weekends and holidays) immediately following the seventh business day after such
notice is given. [02-2A010-2]
BID AS OFFER TO CONTRACT (JAN 2004)
By submitting Your Bid or Proposal, You are offering to enter into a contract with the Using
Governmental Unit(s). Without further action by either party, a binding contract shall result upon
final award. Any award issued will be issued to, and the contract will be formed with, the entity
identified as the Offeror on the Cover Page. An Offer may be submitted by only one legal entity;
“joint bids” are not allowed. [02-2A015-1]
BID ACCEPTANCE PERIOD (JAN 2004)
In order to withdraw Your Offer after the minimum period specified on the Cover Page, You
must notify the Procurement Officer in writing. [02-2A020-1]
BID IN ENGLISH & DOLLARS (JAN 2004)
Offers submitted in response to this solicitation shall be in the English language and in US
dollars, unless otherwise permitted by the Solicitation. [02-2A025-1]
CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAY 2008)
GIVING FALSE, MISLEADING, OR INCOMPLETE INFORMATION ON THIS
CERTIFICATION MAY RENDER YOU SUBJECT TO PROSECUTION UNDER SECTION
16-9-10 OF THE SOUTH CAROLINA CODE OF LAWS AND OTHER APPLICABLE
LAWS. (a) By submitting an offer, the Offeror certifies that-
(1) The prices in this offer have been arrived at independently, without, for the purpose of
restricting competition, any consultation, communication, or agreement with any other Offeror or
competitor relating to—
(i) Those prices;
(ii) The intention to submit an offer; or
(iii) The methods or factors used to calculate the prices offered.
(2) The prices in this offer have not been and will not be knowingly disclosed by the Offeror,
directly or indirectly, to any other Offeror or competitor before bid opening (in the case of a
sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless
otherwise required by law; and
(3) No attempt has been made or will be made by the Offeror to induce any other concern to
submit or not to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the
signatory-
(1) Is the person in the Offeror’s organization responsible for determining the prices being
offered in this bid or proposal, and that the signatory has not participated and will not participate
in any action contrary to paragraphs (a)(1) through (a)(3) of this certification; or
7
(2)(i) Has been authorized, in writing, to act as agent for the Offeror’s principals in certifying
that those principals have not participated, and will not participate in any action contrary to
paragraphs (a)(1) through (a)(3) of this certification [As used in this subdivision (b)(2)(i), the
term “principals” means the person(s) in the Offeror’s organization responsible for determining
the prices offered in this bid or proposal];
(ii) As an authorized agent, does certify that the principals referenced in subdivision (b)(2)(i) of
this certification have not participated, and will not participate, in any action contrary to
paragraphs (a)(1) through (a)(3) of this certification; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary
to paragraphs (a)(1) through (a)(3) of this certification.
(c) If the Offeror deletes or modifies paragraph (a)(2) of this certification, the Offeror must
furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.
[02-2A032-1]
CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY
MATTERS (JAN 2004)
(a) (1) By submitting an Offer, Offeror certifies, to the best of its knowledge and belief, that-
(i) Offeror and/or any of its Principals-
(A) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the
award of contracts by any state or federal agency;
(B) Have not, within a three-year period preceding this offer, been convicted of or had a civil
judgment rendered against them for: commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or
subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, tax evasion, or receiving stolen property; and
(C) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental
entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this
provision.
(ii) Offeror has not, within a three-year period preceding this offer, had one or more contracts
terminated for default by any public (Federal, state, or local) entity.
(2) “Principals,” for the purposes of this certification, means officers; directors; owners; partners;
and, persons having primary management or supervisory responsibilities within a business entity
(e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and
similar positions).
(b) Offeror shall provide immediate written notice to the Procurement Officer if, at any time
prior to contract award, Offeror learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
(c) If Offeror is unable to certify the representations stated in paragraphs (a)(1), Offeror must
submit a written explanation regarding its inability to make the certification. The certification
will be considered in connection with a review of the Offeror’s responsibility. Failure of the
Offeror to furnish additional information as requested by the Procurement Officer may render the
Offeror nonresponsible.
8
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render, in good faith, the certification required by paragraph (a) of this
provision. The knowledge and information of an Offeror is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon
which reliance was placed when making award. If it is later determined that the Offeror
knowingly or in bad faith rendered an erroneous certification, in addition to other remedies
available to the State, the Procurement Officer may terminate the contract resulting from this
solicitation for default.
[02-2A035-1]
CODE OF LAWS AVAILABLE (JAN 2006)
The South Carolina Code of Laws, including the Consolidated Procurement Code, is available at:
http://www.scstatehouse.gov/code/statmast.php
The South Carolina Regulations are available at:
http://www.scstatehouse.gov/coderegs/statmast.php
[02-2A040-2]
DISCLOSURE OF CONFLICTS OF INTEREST OR UNFAIR COMPETITIVE
ADVANTAGE (FEB 2015)
You warrant and represent that your offer identifies and explains any unfair competitive
advantage you may have in competing for the proposed contract and any actual or potential
conflicts of interest that may arise from your participation in this competition or your receipt of
an award. The two underlying principles are (a) preventing the existence of conflicting roles that
might bias a contractor’s judgment, and (b) preventing an unfair competitive advantage. If you
have an unfair competitive advantage or a conflict of interest, the state may withhold award.
Before withholding award on these grounds, an Offeror will be notified of the concerns and
provided a reasonable opportunity to respond. Efforts to avoid or mitigate such concerns,
including restrictions on future activities, may be considered. Without limiting the foregoing,
you represent that your offer identifies any services that relate to either this solicitation or the
work and that has already been performed by you, a proposed subcontractor, or an affiliated
business of either. [02-2A047-2]
DEADLINE FOR SUBMISSION OF OFFER (JAN 2004)
Any offer received after the Procurement Officer of the governmental body or his designee has
declared that the time set for opening has arrived, shall be rejected unless the offer has been
delivered to the designated purchasing office or the governmental body’s mail room which
services that purchasing office prior to the opening. [R.19-445.2070(G)] [02-2A050-1]
DRUG FREE WORK PLACE CERTIFICATION (JAN 2004)
By submitting an Offer, Contractor certifies that, if awarded a contract, Contractor will comply
with all applicable provisions of The Drug-free Workplace Act, Title 44, Chapter 107 of the
South Carolina Code of Laws, as amended. [02-2A065-1]
9
DUTY TO INQUIRE (FEB 2015)
Offeror, by submitting an Offer, represents that it has read and understands the Solicitation and
that its Offer is made in compliance with the Solicitation. Offerors are expected to examine the
Solicitation thoroughly and should request an explanation of any ambiguities, discrepancies,
errors, omissions, or conflicting statements in the Solicitation. Failure to do so will be at the
Offeror’s risk. All ambiguities, discrepancies, errors, omissions, or conflicting statements in the
Solicitation shall be interpreted to require the better quality or greater quantity of work and/or
materials, unless otherwise directed by amendment. Offeror assumes responsibility for any
patent ambiguity in the Solicitation that Offeror does not bring to the State’s attention. See clause
entitled “Questions from Offerors.” [02-2A070-2]
ETHICS CERTIFICATE (MAY 2008)
By submitting an offer, the Offeror certifies that the Offeror has and will comply with, and has
not, and will not, induce a person to violate Title 8, Chapter 13 of the South Carolina Code of
Laws, as amended (ethics act). The following statutes require special attention: Section 8-13-
700, regarding use of official position for financial gain; Section 8-13-705, regarding gifts to
influence action of public official; Section 8-13-720, regarding offering money for advice or
assistance of public official; Sections 8-13-755 and 8-13-760, regarding restrictions on
employment by former public official; Section 8-13-775, prohibiting public official with
economic interests from acting on contracts; Section 8-13-790, regarding recovery of kickbacks;
Section 8-13-1150, regarding statements to be filed by consultants; and Section 8-13-1342,
regarding restrictions on contributions by contractor to candidate who participated in awarding of
contract. The state may rescind any contract and recover all amounts expended as a result of any
action taken in violation of this provision. If contractor participates, directly or indirectly, in the
evaluation or award of public contracts, including without limitation, change orders or task
orders regarding a public contract, contractor shall, if required by law to file such a statement,
provide the statement required by Section 8-13-1150 to the Procurement Officer at the same time
the law requires the statement to be filed. [02-2A075-2]
MAIL PICKUP
The University of South Carolina Purchasing Department receives delivery of all mail from
University Postal Services twice daily around 9:00 a.m. and 1:00 pm (excluding weekends and
holidays). Offerors are strongly encouraged to plan for any delays by the U.S. Postal Service.
See provision entitled Deadline for Submission of Offer.
OMIT TAXES FROM PRICE (JAN 2004)
Do not include any sales or use taxes in Your price that the State may be required to pay. [02-
2A080-1]
OPEN TRADE REPRESENTATION (JUN 2015)
By submitting an Offer, Offeror represents that Offeror is not currently engaged in the boycott of
a person or an entity based in or doing business with a jurisdiction with whom South Carolina
can enjoy open trade, as defined in SC Code Section 11-35-5300. [02-2A083-1]
PROTESTS (MAY 2019)
10
If you are aggrieved in connection with the solicitation or award of the contract, you may be
entitled to protest, but only as provided in Section 11-35-4210. To protest a solicitation, you
must submit a protest within fifteen days of the date the applicable solicitation document is
issued. To protest an award, you must (i) submit notice of your intent to protest within seven
business days of the date the award notice is posted, and (ii) submit your actual protest within
fifteen days of the date the award notice is posted. Days are calculated as provided in Section 11-
35-310(13). Both protests and notices of intent to protest must be in writing and must be received
by the appropriate Chief Procurement Officer within the time provided. See clause entitled
“Protest-CPO”. The grounds of the protest and the relief requested must be set forth with enough
particularity to give notice of the issues to be decided. [02-2A085-2]
PROHIBITED COMMUNICATIONS AND DONATIONS (FEB 2015)
Violation of these restrictions may result in disqualification of your offer, suspension or
debarment, and may constitute a violation of law.
(a) During the period between publication of the solicitation and final award, you must not
communicate, directly or indirectly, with the Using Governmental Unit or its employees, agents
or officials regarding any aspect of this procurement activity, unless otherwise approved in
writing by the Procurement Officer. All communications must be solely with the Procurement
Officer. [R. 19-445.2010]
(b) You are advised to familiarize yourself with Regulation 19-445.2165, which restricts
donations to a governmental entity with whom you have or seek to have a contract. You
represent that your offer discloses any gifts made, directly or through an intermediary, by you or
your named subcontractors to or for the benefit of the Using Governmental Unit during the
period beginning eighteen months prior to the Opening Date. [R. 19-445.2165] [02-2A087-1]
QUESTIONS FROM OFFERORS (FEB 2015)
(a) Any prospective Offeror desiring an explanation or interpretation of the solicitation,
drawings, specifications, etc., must request it in writing. Questions regarding the original
solicitation or any amendment must be received by the Procurement Officer no later than five (5)
days prior to opening unless an earlier date is stated on the Cover Page. Label any
communication regarding your questions with the name of the Procurement Officer, and the
solicitation’s title and number. Oral explanations or instructions will not be binding. [See R. 19-
445.2042(B)] Any information given a prospective Offeror concerning a solicitation will be
furnished promptly to all other prospective Offerors as an Amendment to the solicitation, if that
information is necessary for submitting offers or if the lack of it would be prejudicial to other
prospective Offerors. See clause entitled “Duty to Inquire.” We will not identify you in our
answer to your question. (b) The State seeks to permit maximum practicable competition.
Offerors are urged to advise the Procurement Officer -- as soon as possible -- regarding any
aspect of this procurement, including any aspect of the Solicitation that unnecessarily or
inappropriately limits full and open competition. [See R. 19-445.2140] [02-2A095-2]
REJECTION/CANCELLATION (JAN 2004)
This solicitation does not commit the State of South Carolina to award a contract, to pay any
costs incurred in the preparation of an offer, or to procure or contract for the articles of goods or
services. The State may cancel this solicitation in whole or in part. The State may reject any or
all proposals in whole or in part. [SC Code Section 11-35-1710 & R.19-445.2065] [02-2A100-1]
11
RESPONSIVENESS/IMPROPER OFFERS (JUN 2015)
(a) Bid as Specified. Offers for supplies or services other than those specified will not be
considered unless authorized by the Solicitation.
(b) Multiple Offers. Offerors may submit more than one Offer, provided that each Offer has
significant differences other than price. Each separate Offer must satisfy all Solicitation
requirements. If this solicitation is an Invitation for Bids, each separate offer must be submitted
as a separate document. If this solicitation is a Request for Proposals, multiple offers may be
submitted as one document, provided that you clearly differentiate between each offer and you
submit a separate cost proposal for each offer, if applicable.
(c) Responsiveness. Any Offer which fails to conform to the material requirements of the
Solicitation may be rejected as nonresponsive. Offers which impose conditions that modify
material requirements of the Solicitation may be rejected. If a fixed price is required, an Offer
will be rejected if the total possible cost to the State cannot be determined. Offerors will not be
given an opportunity to correct any material nonconformity. Any deficiency resulting from a
minor informality may be cured or waived at the sole discretion of the Procurement Officer.
[R.19-445.2070 and Section 11-35-1520(13)]
(d) Price Reasonableness: Any offer may be rejected if the Procurement Officer determines in
writing that it is unreasonable as to price. [R. 19-445.2070].
(e) Unbalanced Bidding. The State may reject an Offer as nonresponsive if the prices bid are
materially unbalanced between line items or subline items. A bid is materially unbalanced when
it is based on prices significantly less than cost for some work and prices which are significantly
overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will
result in the lowest overall cost to the State even though it may be the low evaluated bid, or if it
is so unbalanced as to be tantamount to allowing an advance payment.
(f) Do not submit bid samples or descriptive literature unless expressly requested. Unsolicited
bid samples or descriptive literature will not be examined or tested, will not be used to determine
responsiveness, and will not be deemed to vary any of the provisions of the solicitation. S.C.
Code Ann. Reg. 19-445.2077(D). [02-2A105-2]
SIGNING YOUR OFFER (JAN 2004)
Every Offer must be signed by an individual with actual authority to bind the Offeror. (a) If the
Offeror is an individual, the Offer must be signed by that individual. If the Offeror is an
individual doing business as a firm, the Offer must be submitted in the firm name, signed by the
individual, and state that the individual is doing business as a firm. (b) If the Offeror is a
partnership, the Offer must be submitted in the partnership name, followed by the words by its
Partner, and signed by a general partner. (c) If the Offeror is a corporation, the Offer must be
submitted in the corporate name, followed by the signature and title of the person authorized to
sign. (d) An Offer may be submitted by a joint venturer involving any combination of
individuals, partnerships, or corporations. If the Offeror is a joint venture, the Offer must be
submitted in the name of the Joint Venture and signed by every participant in the joint venture in
the manner prescribed in paragraphs (a) through (c) above for each type of participant. (e) If an
Offer is signed by an agent, other than as stated in subparagraphs (a) through (d) above, the Offer
must state that is has been signed by an Agent. Upon request, Offeror must provide proof of the
agent’s authorization to bind the principal. [02-2A115-1]
UNIVERSITY OF SOUTH CAROLINA CLOSINGS (JAN 2004)
12
If an emergency or unanticipated event interrupts normal University of South Carolina or State
processes so that offers cannot be received at the office designated for receipt of bids by the
exact time specified in the solicitation, the time specified for receipt of offers will be deemed to
be extended to the same time of day specified in the solicitation on the first work day on which
normal government processes resume. In lieu of an automatic extension, an Amendment may be
issued to reschedule bid opening. If applicable offices are closed at the time a pre-bid or pre-
proposal conference is scheduled, an Amendment will be issued to reschedule the conference.
Useful information may be available at: http://www.scemd.org/closings [02-2A120-3]
SUBMITTING A PAPER OFFER OR MODIFICATION
Paper offers are required. When you must submit a paper offer or modification the following
instructions apply. (a) All prices and notations should be printed in ink or typewritten. Errors
should be crossed out, corrections entered and initialed by the person signing the bid. Do not
modify the solicitation document itself (including bid schedule). (b) (1) All copies of the offer or
modification, and any other documents required to be submitted with the offer shall be enclosed
in a sealed, opaque envelope or package. (2) Submit your offer or modification to the address on
the Cover Page. (3) The envelope or package must show the time and date specified for opening,
the solicitation number, and the name and address of the bidder. If the offer or modification is
sent by mail or special delivery service (UPS, Federal Express, etc.), the outermost envelope or
wrapper must be labeled “OFFER ENCLOSED” on the face thereof. (c) If you are responding to
more than one solicitation, submit each offer in a separate envelope or package. (d) Submit the
number of copies indicated on the Cover Page. (e) Facsimile or e-mail offers, modifications, or
withdrawals, will not be considered unless authorized by the Solicitation. [02-2A130-2]
TAX CREDIT FOR SUBCONTRACTING WITH DISADVANTAGED SMALL
BUSINESSES (JAN 2008)
Pursuant to Section 12-6-3350, a taxpayer having a contract with this State who subcontracts
with a socially and economically disadvantaged small business is eligible for an income tax
credit equal to four percent of the payments to that subcontractor for work pursuant to the
contract. The subcontractor must be certified as a socially and economically disadvantaged small
business as defined in Section 11-35-5010 and regulations pursuant to it. The credit is limited to
a maximum of fifty thousand dollars annually. A taxpayer is eligible to claim the credit for ten
consecutive taxable years beginning with the taxable year in which the first payment is made to
the subcontractor that qualifies for the credit. After the above ten consecutive taxable years, the
taxpayer is no longer eligible for the credit. A taxpayer claiming the credit shall maintain
evidence of work performed for the contract by the subcontractor. The credit may be claimed on
Form TC-2, “Minority Business Credit.” A copy of the subcontractor’s certificate from the
Governor’s Office of Small and Minority Business (OSMBA) is to be attached to the
contractor’s income tax return. Questions regarding the tax credit and how to file are to be
referred to: SC Department of Revenue, Research and Review, Phone: (803) 898-5786, Fax:
(803) 898-5888. Questions regarding subcontractor certification are to be referred to: Governor’s
Office of Small and Minority Business Assistance, Phone: (803) 734-0657, Fax: (803) 734-2498.
[02-2A135-1]
WITHDRAWAL OR CORRECTION OF OFFER (JAN 2004)
Offers may be withdrawn by written notice received at any time before the exact time set for
opening. If the Solicitation authorizes facsimile offers, offers may be withdrawn via facsimile
received at any time before the exact time set for opening. A bid may be withdrawn in person by
13
a bidder or its authorized representative if, before the exact time set for opening, the identity of
the person requesting withdrawal is established and the person signs a receipt for the bid. The
withdrawal and correction of Offers is governed by S.C. Code Section 11-35-1520 and
Regulation 19-445.2085. [02-2A150-1]
TAXPAYER IDENTIFICATION NUMBER:
(a) If Offeror is owned or controlled by a common parent as defined in paragraph (b) of this
provision, Offeror shall submit with its Offer the name and TIN of common parent.
(b) Definitions: "Common parent," as used in this provision, means that corporate entity that
owns or controls an affiliated group of corporations that files its Federal income tax returns on a
consolidated basis, and of which the offeror is a member. "Taxpayer Identification Number
(TIN)," as used in this provision, means the number required by the Internal Revenue Service
(IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either
a Social Security Number or an Employer Identification Number. (c) If Offeror does not have a
TIN, Offeror shall indicate if either a TIN has been applied for or a TIN is not required. If a TIN
is not required, indicate whether (i) Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not have income effectively connected with the conduct of a trade or
business in the United States and does not have an office or place of business or a fiscal paying
agent in the United States; (ii) Offeror is an agency or instrumentality of a state or local
government; (iii) Offeror is an agency or instrumentality of a foreign government; or (iv) Offeror
is an agency or instrumentality of the Federal Government.
II. INSTRUCTIONS TO OFFERORS -- B. SPECIAL INSTRUCTIONS
ELECTRONIC COPIES – REQUIRED MEDIA AND FORMAT (MAR 2015)
In addition to your original offer, you must submit an electronic copy or copies on USB drive.
Submit the number of copies indicated on the cover page. Each copy should be on separate
media. Your business and technical proposals must be on separate media. Every disk or USB
drive must be labeled with the solicitation number and the Offeror’s name, and specify whether
its contents address technical proposal or business proposal. If multiple-disk sets are provided,
each disk in the set must be appropriately identified as to its relationship to the set, e.g., 1 of 2.
The electronic copy must be identical to the original offer. File format shall be compatible with
Microsoft Office (version 2003 or later), or Adobe Acrobat or equivalent Portable Document
Format (.pdf) viewer. The Procurement Officer must be able to view, search, copy and print
electronic documents without a password. [02-2B070-2]
MAIL PICKUP (JAN 2006)
The State Procurement Office picks up all mail from The US Postal Service once daily around
8:30 a.m. (excluding weekends and holidays). See provision entitled Deadline for Submission of
Offer. [02-2B080-1]
OFFERING BY ITEM OR LOT (JAN 2006)
Offers may be submitted for complete lots or for one or more items not within lots. Failure to
offer on all items within a single lot will be reason for rejection. [02-2B090-1]
14
PREFERENCES - A NOTICE TO VENDORS (SEP 2009)
On June 16, 2009, the South Carolina General Assembly rewrote the law governing preferences
available to in-state vendors, vendors using in-state subcontractors, and vendors selling in-state
or US end products. This law appears in Section 11-35-1524 of the South Carolina Code of
Laws. A summary of the new preferences is available at www.procurement.sc.gov/preferences .
All the preferences must be claimed and are applied by line item, regardless of whether award is
made by item or lot. Vendors are cautioned to carefully review the statute before claiming any
preferences. The requirements to qualify have changed. If you request a preference, you are
certifying that your offer qualifies for the preference you’ve claimed. Improperly requesting a
preference can have serious consequences. [11-35-1524(E)(4)&(6)] [02-2B111-1]
PREFERENCES - SC/US END-PRODUCT (SEP 2009)
Section 11-35-1524 provides a preference to vendors offering South Carolina end-products or
US end-products, if those products are made, manufactured, or grown in SC or the US,
respectively. An end-product is the tangible project identified for acquisition in this solicitation,
including all component parts in final form and ready for the use intended. The terms “made,”
“manufactured,” and “grown” are defined by Section 11-35-1524(A). By signing your offer and
checking the appropriate space(s) provided and identified on the bid schedule, you certify that
the end-product(s) is either made, manufactured or grown in South Carolina, or other states of
the United States, as applicable. Preference will be applied as required by law. Post award
substitutions are prohibited. See “Substitutions Prohibited - End Product Preferences (Sep 2009)”
provision. [02-2B112-1]
PREFERENCES - RESIDENT CONTRACTOR PREFERENCE (SEP 2009)
To qualify for the RCP, you must maintain an office in this state. An office is a nonmobile place
for the regular transaction of business or performance of a particular service which has been
operated as such by the bidder for at least one year before the bid opening and during that year
the place has been staffed for at least fifty weeks by at least two employees for at least thirty five
hours a week each. In addition, you must, at the time you submit your bid, directly employ, or
have a documented commitment with, individuals domiciled in South Carolina that will perform
services expressly required by the solicitation and your total direct labor cost for those
individuals to provide those services must exceed fifty percent of your total bid price. [11-35-
1524(C)(1)(iii)] Upon request by the procurement officer, you must identify the persons
domiciled in South Carolina that will perform the services involved in the procurement upon
which you rely in qualifying for the preference, the services those individuals are to perform, and
documentation of the your labor cost for each person identified. If requested, your failure to
provide this information promptly will be grounds to deny the preference (and, potentially, for
other enforcement action). [02-2B113A-1]
PREFERENCES - RESIDENT SUBCONTRACTOR PREFERENCE (SEP 2009)
To qualify for this preference, You must meet the following requirements. (1) You must -- at the
time you submit your bid -- have a documented commitment from a single proposed first tier
subcontractor to perform some portion of the services expressly required by the solicitation. (2)
The subcontractor -- at the time you submit your bid -- must directly employ, or have a
documented commitment with, individuals domiciled in South Carolina that will perform
services expressly required by the solicitation and the total direct labor cost to the subcontractor
15
for those individuals to provide those services exceeds, as applicable, either twenty percent for a
2% preference or forty percent of bidder’s total bid price for a 4% preference. (3) You must
identify the subcontractor that will perform the work, the work the subcontractor is to perform,
and your factual basis for concluding that the subcontractor’s work constitutes the required
percentage of the work to be performed in the procurement. [11-35-1524(D)] You can stack this
preference, i.e., earn another 2% or 4% preference for each additional qualifying subcontractor,
but the preference is capped. [11-35-1524(D)(4), (E)(7)] Upon request by the procurement
officer, you must identify the persons domiciled in South Carolina that are to perform the
services involved in the procurement upon which you rely in qualifying for the preference, the
services those individuals are to perform, the employer of those persons, your relationship with
the employer, and documentation of the subcontractor’s labor cost for each person identified. If
requested, your failure to provide this information promptly will be grounds to deny the
preference (and, potentially, for other enforcement action). YOU WILL NOT RECEIVE THE
PREFERENCE UNLESS YOU SPECIFY WHETHER YOUR ARE CLAIMING THE 2% OR
4% PREFERENCE AND YOU PROVIDE THE INFORMATION REQUIRED BY ITEM (3)
ABOVE. [02-2B113B-1]
PREFERENCES - RESIDENT VENDOR PREFERENCE (SEP 2009)
To qualify for the RVP, you must maintain an office in this state. An office is a nonmobile place
for the regular transaction of business or performance of a particular service which has been
operated as such by the bidder for at least one year before the bid opening and during that year
the place has been staffed for at least fifty weeks by at least two employees for at least thirty five
hours a week each. In addition, you must either: (1) maintain at a location in South Carolina at
the time of the bid an inventory of expendable items which are representative of the general type
of commodities for which the award will be made and which have a minimum total value, based
on the bid price, equal to the lesser of fifty thousand dollars [$50,000] or the annual amount of
the contract; or (2) be a manufacturer headquartered and having an annual payroll of at least one
million dollars in South Carolina and the end product being sold is either made or processed
from raw materials into a finished end product by that manufacturer or its affiliate (as defined in
Section 1563 of the Internal Revenue Code). [02-2B114-1]
PROTEST - CPO - ITMO ADDRESS (JUN 2006)
Any protest must be addressed to the Chief Procurement Officer, Information Technology
Management Office, and submitted in writing
(a) by email to [email protected] ,
(b) by post or delivery to 1201 Main Street, Suite 601, Columbia, SC 29201.
[02-2B120-1]
UNIT PRICES REQUIRED (JAN 2006)
Unit price to be shown for each item. [02-2B170-1]
III. SCOPE OF WORK/SPECIFICATIONS
16
A. CDMO Cloud Migration Preparation and Support The CDMO will pursue development
and implementation of a plan to move CDMO data and web services (servers, data
storage, software, databases, data delivery) from physical servers located in Columbia
and Georgetown, SC to cloud computing. Benefits of this migration will include cost
savings (hardware, server maintenance, programming), redundancy, automatic backups,
no service downtime due to hardware or connectivity issues, and improved technology
for data access and delivery. This migration will likely be completed in phases and will
be developed in alignment with NOAA strategies. Subcontract funds allocated for this
project total $100,000.
B. Replacement Servers The CDMO will purchase two new high-end servers to ensure
uninterrupted data delivery. These will include the primary web server and the one of
two primary database servers. Equipment funds allocated for this project total $15,000.
C. Direct Read-out Ground Station Updates The CDMO has two direct read-out ground
stations (DRGS) which were part of the original NERRS telemetry purchase in or around
2005. Due to improvements in NOAA’s Geostationary Operational Environmental
Satellites (GOES) technology, they are now obsolete. These stations pull data
independently from the GOES East and West satellites and allow the NERRS
independence and redundancy in obtaining NERRS near real-time data. Equipment funds
allocated for this project total $100,000.
D. Ocean Acidification Monitoring The NERRS has identified ocean acidification as a
monitoring priority. Funds will be used to purchase ocean acidification monitoring
equipment (four CO2 logger units) to be distributed directly to the four individual
Reserves (Great Bay, Narragansett Bay, Wells, and Waquoit Bay) identified to participate
in a pilot program. Equipment funds allocated for this project total $40,000.
E. Satellite Phones Disaster preparedness for Reserves, in particular as related to hurricanes,
is a NERRS priority. The ability to communicate with staff, despite damaged local
infrastructure, to assess safety concerns and recovery needs during and after such
disasters is a critical piece of disaster planning. Funds will be used to purchase six
iridium satellite phones. These phones will allow for communication should local cell
and telephone infrastructure be damaged and will be distributed directly to the 6 Reserves
(North Inlet Winyah Bay, ACE Basin, Grand Bay, Rookery Bay, Guano Tolomato
Matanzas, and Apalachicola) identified as at risk in the Gulf and Southeast. Supply funds
allocated for this project total $11,000.
F. Soundscape Technology Utilizing soundscape technology is also a monitoring priority.
Funds will be used to lease 25 Cornell Swift Recorders and SD cards to implement a pilot
project. These materials will be distributed directly to the Reserves identified to
participate in the pilot project and will ultimately become the property of the Reserves as
stipulated by the lease agreement with Cornell University and approved by the USC
Board of Trustees. Supply funds allocated for this project total $7,000.
G. Drone Technology The addition of drone technology and the myriad of potential uses for
drones within the system is a NERRS priority. In coordination with OCM, the CDMO
will purchase identified drones, components, software, etc., to best serve the needs of the
NERRS. Supply funds allocated for this project total $28,000.
H. Telemetry Expansion of near real-time water quality and weather data delivery has also
been identified as a NERRS priority. In coordination with OCM, the CDMO will
purchase telemetry equipment for expansion of real-time data delivery to best serve the
needs of the NERRS. Supply funds allocated for this project total $50,000.
17
I. Additional Responsibilities for FY19 Funding
Request The CDMO provides technical support not only related to SWMP data
management, but also provides guidance and support for maintaining and expanding the
operational infrastructure for the NERRS. In continuation of SWMP recapitalization
efforts initiated in FY16, funds will be used for targeted purchases aimed at enhancing
the reserve system, SWMP, and the CDMO’s capacity to support the NERRS. These
purchases have been identified and prioritized by OCM and NERRS leadership and will
be carried out in coordination with OCM. Personnel funds in the amount of $2,000 have
been allocated for administrative support of these purchases.
DELIVERY / PERFORMANCE LOCATION – PURCHASE ORDER (JAN 2006)
After award, all deliveries shall be made and all services provided to the location specified by the
Using Governmental Unit in its purchase order. [03-3015-1]
DELIVERY DATE – 30 DAYS ARO (JAN 2006)
Unless otherwise specified herein, all items shall be delivered no later than thirty days after
contractor’s receipt of the purchase order. If the using governmental unit requests delivery
sooner than the time specified, contractor may invoice the ordering entity any additional shipping
charges approved by the ordering entity on the purchase order. [03-3037-1]
INSTALLATION (JAN 2006)
Contractor shall install all items acquired pursuant to this contract as specified in the SOW. [3-
3050-1]
OPERATIONAL MANUALS (JAN 2006)
If applicable, contractor shall provide one operational manual for each item acquired. [03-3055-
1]
QUALITY – NEW (JAN 2006)
All items must be new. [03-3060-1]
TECHNICAL SUPPORT – INCLUDED (JAN 2006)
Upon request, contractor shall provide technical assistance or service. Such service shall be
available within hours following request. [03-3075-1]
TRAINING (JAN 2006)
Upon request, contractor shall demonstrate equipment within days after delivery. [03-3080-1]
IV. INFORMATION FOR OFFERORS TO SUBMIT
INFORMATION FOR OFFERORS TO SUBMIT – GENERAL (MAR 2015)
You shall submit a signed Cover Page and Page Two. Your offer should include all other
information and documents requested in this part and in parts II.B. Special Instructions; III.
Scope of Work; V. Qualifications; VIII. Bidding Schedule/Price Proposal; and any appropriate
attachments addressed in Part IX. Attachments to Solicitations. You should submit a summary of
18
all insurance policies you have or plan to acquire to comply with the insurance requirements
stated herein, if any, including policy types; coverage types; limits, sub-limits, and deductibles
for each policy and coverage type; the carrier’s A.M. Best rating; and whether the policy is
written on an occurrence or claims-made basis. [04-4010-2]
19
MINORITY PARTICIPATION (DEC 2015):
Is the bidder a South Carolina Certified Minority Business? [ ] Yes [ ] No
Is the bidder a Minority Business certified by another governmental entity? [ ] Yes [ ] No
If so, please list the certifying governmental entity: _________________________
Will any of the work under this contract be performed by a SC certified Minority Business as a
subcontractor? [ ] Yes [ ] No
If so, what percentage of the total value of the contract will be performed by a SC certified
Minority Business as a subcontractor? _____________
Will any of the work under this contract be performed by a minority business certified by another
governmental entity as a subcontractor? [ ] Yes [ ] No
If so, what percentage of the total value of the contract will be performed by a minority business
certified by another governmental entity as a subcontractor? _____________
If a certified Minority Business is participating in this contract, please indicate all categories for
which the Business is certified:
[ ] Traditional minority
[ ] Traditional minority, but female
[ ] Women (Caucasian females)
[ ] Hispanic minorities
[ ] DOT referral (Traditional minority)
[ ] DOT referral (Caucasian female)
[ ] Temporary certification
[ ] SBA 8 (a) certification referral
[ ] Other minorities (Native American, Asian, etc.)
(If more than one minority contractor will be utilized in the performance of this contract, please
provide the information above for each minority business.)
The Department of Administration, Division of Small and Minority Business Contracting and
Certification, publishes a list of certified minority firms. The Minority Business Directory is
available at the following URL: http://osmba.sc.gov/directory.html
[04-4015-3]
20
SUBMITTING REDACTED OFFERS (MAR 2015)
If your offer includes any information that you marked as “Confidential,” “Trade Secret,” or
“Protected” in accordance with the clause entitled “Submitting Confidential Information,” you
must also submit one complete copy of your offer from which you have removed or concealed
such information ( the redacted copy). The redacted copy should (i) reflect the same pagination
as the original, (ii) show the empty space from which information was redacted, and (iii) be
submitted on magnetic media. (See clause entitled “Electronic Copies - Required Media and
Format.”) Except for the information removed or concealed, the redacted copy must be identical
to your original offer, and the Procurement Officer must be able to view, search, copy and print
the redacted copy without a password. [04-4030-2]
V. QUALIFICATIONS
QUALIFICATIONS OF OFFEROR (MAR 2015)
(1) To be eligible for award, you must have the capability in all respects to perform fully the
contract requirements and the integrity and reliability which will assure good faith performance.
We may also consider a documented commitment from a satisfactory source that will provide
you with a capability. We may consider information from any source at any time prior to award.
We may elect to consider (i) key personnel, any predecessor business, and any key personnel of
any predecessor business, including any facts arising prior to the date a business was established,
and/or (ii) any subcontractor you identify. (2) You must promptly furnish satisfactory evidence
of responsibility upon request. Unreasonable failure to supply requested information is grounds
for rejection. (3) Corporate subsidiaries are cautioned that the financial capability of an affiliated
or parent company will not be considered in determining financial capability; however, we may
elect to consider any security, e.g., letter of credit, performance bond, parent-company corporate
guaranty, that you offer to provide. Instructions and forms to help assure acceptability are posted
on procurement.sc.gov, link to “Standard Clauses & Provisions.” [05-5005-2]
QUALIFICATIONS – REQUIRED INFORMATION (MAR 2015)
Submit the following information or documentation for you and for any subcontractor (at any tier
level) that you identify pursuant to the clause titled Subcontractor – Identification. Err on the side
of inclusion. You represent that the information provided is complete. (a) The general history
and experience of the business in providing work of similar size and scope. (b) Information
reflecting the current financial position. Include the most current financial statement and
financial statements for the last two fiscal years. If the financial statements have been audited in
accordance with the following requirements, provide the audited version of those statements.
[Reference Statement of Financial Accounting Concepts No. 5 (FASB, December, 1984), as
amended.] (c) A detailed, narrative statement listing the three most recent, comparable contracts
(including contact information) which have been performed. For each contract, describe how the
supplies or services provided are similar to those requested by this solicitation, and how they
differ. (d) A list of every business for which supplies or services substantially similar to those
sought with this solicitation have been provided, at any time during the past three years. (e) A list
of every South Carolina public body for which supplies or services have been provided at any
time during the past three years, if any. (f) List of failed projects, suspensions, debarments, and
significant litigation. Offerors may omit this information from their submittal; however, must
provide it within 24 hours of request by the Procurement Officer. [05-5015-2]
21
SUBCONTRACTOR – IDENTIFICATION (FEB 2015)
If you intend to subcontract, at any tier level, with another business for any portion of the work
and that portion either (1) exceeds 10% of your cost, (2) involves access to any “government
information,” as defined in the clause entitled “Information Security - Definitions,” if included,
or (3) otherwise involves services critical to your performance of the work (err on the side of
inclusion), your offer must identify that business and the work which they are to perform.
Identify potential subcontractors by providing the business name, address, phone, taxpayer
identification number, and point of contact. In determining your responsibility, the state may
contact and evaluate your proposed subcontractors. [05-5030-2]
VI. AWARD CRITERIA
AWARD TO ONE OFFEROR (JAN 2006)
Award will be made to one responsible Offeror with the lowest responsible bid. [06-6040-1]
COMPETITION FROM PUBLIC ENTITIES (JAN 2006)
If a South Carolina governmental entity submits an offer, the Procurement Officer will, when
determining the lowest offer, add to the price provided in any offers submitted by non-
governmental entities a percentage equivalent to any applicable sales or use tax. S.C. Code Ann.
Regs 117-304.1 (Supp. 2004). [06-6057-1]
UNIT PRICE GOVERNS (JAN 2006)
In determining award, unit prices will govern over extended prices unless otherwise stated. [06-
6075-1]
VII. TERMS AND CONDITIONS -- A. GENERAL
ASSIGNMENT, NOVATION, AND CHANGE OF NAME, IDENTITY, OR STRUCTURE
(FEB 2015)
(a) Contractor shall not assign this contract, or its rights, obligations, or any other interest arising
from this contract, or delegate any of its performance obligations, without the express written
consent of the responsible Procurement Officer. The foregoing restriction does not apply to a
transfer that occurs by operation of law (e.g., bankruptcy; corporate reorganizations and
consolidations, but not including partial asset sales). Notwithstanding the foregoing, contractor
may assign monies receivable under the contract provided that the state shall have no obligation
to make payment to an assignee until thirty days after contractor (not the assignee) has provided
the responsible Procurement Officer with (i) proof of the assignment, (ii) the identity (by
contract number) of the specific state contract to which the assignment applies, and (iii) the name
of the assignee and the exact address or account information to which assigned payments should
22
be made. (b) If contractor amends, modifies, or otherwise changes its name, its identity
(including its trade name), or its corporate, partnership or other structure, or its FEIN, contractor
shall provide the Procurement Officer prompt written notice of such change. (c) Any name
change, transfer, assignment, or novation is subject to the conditions and approval required by
Regulation 19-445.2180, which does not restrict transfers by operation of law. [07-7A004-2]
BANKRUPTCY - GENERAL (FEB 2015)
(a) Notice. In the event the Contractor enters into proceedings relating to bankruptcy, whether
voluntary or involuntary, the Contractor agrees to furnish written notification of the bankruptcy
to the Using Governmental Unit. This notification shall be furnished within two (2) days of the
initiation of the proceedings relating to the bankruptcy filing. This notification shall include the
date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy
petition was filed, and a listing of all State contracts against which final payment has not been
made. This obligation remains in effect until final payment under this Contract. (b) Termination.
This contract is voidable and subject to immediate termination by the State upon the contractor’s
insolvency, including the filing of proceedings in bankruptcy. [07-7A005-2]
CHOICE-OF-LAW (JAN 2006)
The Agreement, any dispute, claim, or controversy relating to the Agreement, and all the rights
and obligations of the parties shall, in all respects, be interpreted, construed, enforced and
governed by and under the laws of the State of South Carolina, except its choice of law rules. As
used in this paragraph, the term “Agreement” means any transaction or agreement arising out of,
relating to, or contemplated by the solicitation. [07-7A010-1]
CONTRACT DOCUMENTS & ORDER OF PRECEDENCE (FEB 2015)
(a) Any contract resulting from this solicitation shall consist of the following documents: (1) a
Record of Negotiations, if any, executed by you and the Procurement Officer, (2) the solicitation,
as amended, (3) documentation of discussions [11-35-1530(6)] of an offer, if applicable, (4) your
offer, (5) any statement reflecting the State’s final acceptance (a/k/a “award”), and (6) purchase
orders. These documents shall be read to be consistent and complementary. Any conflict among
these documents shall be resolved by giving priority to these documents in the order listed above.
(b) The terms and conditions of documents (1) through (5) above shall apply notwithstanding
any additional or different terms and conditions in any other document, including without
limitation, (i) a purchase order or other instrument submitted by the State, (ii) any invoice or
other document submitted by Contractor, or (iii) any privacy policy, terms of use, or end user
agreement. Except as otherwise allowed herein, the terms and conditions of all such documents
shall be void and of no effect.
(c) No contract, license, or other agreement containing contractual terms and conditions will be
signed by any Using Governmental Unit. Any document signed or otherwise agreed to by
persons other than the Procurement Officer shall be void and of no effect. [07-7A015-2]
DISCOUNT FOR PROMPT PAYMENT (JAN 2006)
(a) Discounts for prompt payment will not be considered in the evaluation of offers. However,
any offered discount will form a part of the award, and will be taken if payment is made within
the discount period indicated in the offer by the Offeror. As an alternative to offering a discount
23
for prompt payment in conjunction with the offer, Offerors awarded contracts may include
discounts for prompt payment on individual invoices.
(b) In connection with any discount offered for prompt payment, time shall be computed from
the date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall
be calculated from the date the designated billing office receives a proper invoice, provided the
state annotates such invoice with the date of receipt at the time of receipt. For the purpose of
computing the discount earned, payment shall be considered to have been made on the date that
appears on the payment check or, for an electronic funds transfer, the specified payment date.
When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government
offices are closed and Government business is not expected to be conducted, payment may be
made on the following business day. [07-7A020-1]
DISPUTES (JAN 2006):
(1) Choice-of-Forum. All disputes, claims, or controversies relating to the Agreement shall be
resolved exclusively by the appropriate Chief Procurement Officer in accordance with Title 11,
Chapter 35, Article 17 of the South Carolina Code of Laws, or in the absence of jurisdiction,
only in the Court of Common Pleas for, or a federal court located in, Richland County, State of
South Carolina. Contractor agrees that any act by the government regarding the Agreement is not
a waiver of either the government’s sovereign immunity or the government’s immunity under the
Eleventh Amendment of the United States Constitution. As used in this paragraph, the term
“Agreement” means any transaction or agreement arising out of, relating to, or contemplated by
the solicitation. (2) Service of Process. Contractor consents that any papers, notices, or process
necessary or proper for the initiation or continuation of any disputes, claims, or controversies
relating to the Agreement; for any court action in connection therewith; or for the entry of
judgment on any award made, may be served on Contractor by certified mail (return receipt
requested) addressed to Contractor at the address provided as the Notice Address on Page Two
or by personal service or by any other manner that is permitted by law, in or outside South
Carolina. Notice by certified mail is deemed duly given upon deposit in the United States mail.
[07-7A025-1]
EQUAL OPPORTUNITY (JAN 2006)
Contractor is referred to and shall comply with all applicable provisions, if any, of Title 41, Part
60 of the Code of Federal Regulations, including but not limited to Sections 60-1.4, 60-4.2, 60-
4.3, 60-250.5(a), and 60-741.5(a), which are hereby incorporated by reference. [07-7A030-1]
FALSE CLAIMS (JAN 2006)
According to the S.C. Code of Laws Section 16-13-240, “a person who by false pretense or
representation obtains the signature of a person to a written instrument or obtains from another
person any chattel, money, valuable security, or other property, real or personal, with intent to
cheat and defraud a person of that property is guilty” of a crime. [07-7A035-1]
FIXED PRICING REQUIRED (JAN 2006)
Any pricing provided by contractor shall include all costs for performing the work associated
with that price. Except as otherwise provided in this solicitation, contractor’s price shall be fixed
for the duration of this contract, including option terms. This clause does not prohibit contractor
from offering lower pricing after award. [07-7A040-1]
24
NO INDEMNITY OR DEFENSE (FEB 2015)
Any term or condition is void to the extent it requires the State to indemnify, defend, or pay
attorney’s fees to anyone for any reason. [07-7A045-2]
NOTICE (JAN 2006)
(A) After award, any notices shall be in writing and shall be deemed duly given (1) upon actual
delivery, if delivery is by hand, (2) upon receipt by the transmitting party of automated
confirmation or answer back from the recipient’s device if delivery is by telex, telegram,
facsimile, or electronic mail, or (3) upon deposit into the United States mail, if postage is
prepaid, a return receipt is requested, and either registered or certified mail is used. (B) Notice to
contractor shall be to the address identified as the Notice Address on Page Two. Notice to the
state shall be to the Procurement Officer’s address on the Cover Page. Either party may designate
a different address for notice by giving notice in accordance with this paragraph. [07-7A050-1]
OPEN TRADE (JUN 2015)
During the contract term, including any renewals or extensions, Contractor will not engage in the
boycott of a person or an entity based in or doing business with a jurisdiction with whom South
Carolina can enjoy open trade, as defined in SC Code Section 11-35-5300. [07-7A053-1]
PAYMENT & INTEREST (FEB 2015)
(a) The State shall pay the Contractor, after the submission of proper invoices or vouchers, the
prices stipulated in this contract for supplies delivered and accepted or services rendered and
accepted, less any deductions provided in this contract. Unless otherwise specified herein,
including the purchase order, payment shall not be made on partial deliveries accepted by the
Government. (b) Unless otherwise provided herein, including the purchase order, payment will
be made by check mailed to the payment address on “Page Two.” (c) Notwithstanding any other
provision, payment shall be made in accordance with S.C. Code Section 11-35-45, or Chapter 6
of Title 29 (real property improvements) when applicable, which provides the Contractor’s
exclusive means of recovering any type of interest from the Owner. Contractor waives
imposition of an interest penalty unless the invoice submitted specifies that the late penalty is
applicable. Except as set forth in this paragraph, the State shall not be liable for the payment of
interest on any debt or claim arising out of or related to this contract for any reason. (d) Amounts
due to the State shall bear interest at the rate of interest established by the South Carolina
Comptroller General pursuant to Section 11-35-45 (“an amount not to exceed fifteen percent
each year”), as amended, unless otherwise required by Section 29-6-30. (e) Any other basis for
interest, including but not limited to general (pre- and post-judgment) or specific interest statutes,
including S.C. Code Ann. Section 34-31-20, are expressly waived by both parties. If a court,
despite this agreement and waiver, requires that interest be paid on any debt by either party other
than as provided by items (c) and (d) above, the parties further agree that the applicable interest
rate for any given calendar year shall be the lowest prime rate as listed in the first edition of the
Wall Street Journal published for each year, applied as simple interest without compounding. (f)
The State shall have all of its common law, equitable and statutory rights of set-off. [07-7A055-
3]
25
PUBLICITY (JAN 2006)
Contractor shall not publish any comments or quotes by State employees, or include the State in
either news releases or a published list of customers, without the prior written approval of the
Procurement Officer. [07-7A060-1]
PURCHASE ORDERS (JAN 2006)
Contractor shall not perform any work prior to the receipt of a purchase order from the using
governmental unit. The using governmental unit shall order any supplies or services to be
furnished under this contract by issuing a purchase order. Purchase orders may be used to elect
any options available under this contract, e.g., quantity, item, delivery date, payment method, but
are subject to all terms and conditions of this contract. Purchase orders may be electronic. No
particular form is required. An order placed pursuant to the purchasing card provision qualifies
as a purchase order. [07-7A065-1]
SURVIVAL OF OBLIGATIONS (JAN 2006)
The Parties’ rights and obligations which, by their nature, would continue beyond the
termination, cancellation, rejection, or expiration of this contract shall survive such termination,
cancellation, rejection, or expiration, including, but not limited to, the rights and obligations
created by the following clauses: Indemnification - Third Party Claims, Intellectual Property
Indemnification, and any provisions regarding warranty or audit. [07-7A075-1]
TAXES (JAN 2006)
Any tax the contractor may be required to collect or pay upon the sale, use or delivery of the
products shall be paid by the State, and such sums shall be due and payable to the contractor
upon acceptance. Any personal property taxes levied after delivery shall be paid by the State. It
shall be solely the State’s obligation, after payment to contractor, to challenge the applicability of
any tax by negotiation with, or action against, the taxing authority. Contractor agrees to refund
any tax collected, which is subsequently determined not to be proper and for which a refund has
been paid to contractor by the taxing authority. In the event that the contractor fails to pay, or
delays in paying, to any taxing authorities, sums paid by the State to contractor, contractor shall
be liable to the State for any loss (such as the assessment of additional interest) caused by virtue
of this failure or delay. Taxes based on Contractor’s net income or assets shall be the sole
responsibility of the contractor. [07-7A080-1]
TERMINATION DUE TO UNAVAILABILITY OF FUNDS (JAN 2006)
Payment and performance obligations for succeeding fiscal periods shall be subject to the
availability and appropriation of funds therefor. When funds are not appropriated or otherwise
made available to support continuation of performance in a subsequent fiscal period, the contract
shall be canceled. In the event of a cancellation pursuant to this paragraph, contractor will be
reimbursed the resulting unamortized, reasonably incurred, nonrecurring costs. Contractor will
not be reimbursed any costs amortized beyond the initial contract term. [07-7A085-1]
THIRD PARTY BENEFICIARY (JAN 2006)
This Contract is made solely and specifically among and for the benefit of the parties hereto, and
their respective successors and assigns, and no other person will have any rights, interest, or
claims hereunder or be entitled to any benefits under or on account of this Contract as a third
party beneficiary or otherwise. [07-7A090-1]
26
WAIVER (JAN 2006)
The State does not waive any prior or subsequent breach of the terms of the Contract by making
payments on the Contract, by failing to terminate the Contract for lack of performance, or by
failing to strictly or promptly insist upon any term of the Contract. Only the Procurement Officer
has actual authority to waive any of the State’s rights under this Contract. Any waiver must be in
writing. [07-7A095-1]
VII. TERMS AND CONDITIONS -- B. SPECIAL
CHANGES (JAN 2006)
(1) Contract Modification. By a written order, at any time, and without notice to any surety, the
Procurement Officer may, subject to all appropriate adjustments, make changes within the
general scope of this contract in any one or more of the following:
(a) drawings, designs, or specifications, if the supplies to be furnished are to be specially
manufactured for the [State] in accordance therewith;
(b) method of shipment or packing;
(c) place of delivery;
(d) description of services to be performed;
(e) time of performance (i.e., hours of the day, days of the week, etc.); or,
(f) place of performance of the services. Subparagraphs (a) to (c) apply only if supplies are
furnished under this contract. Subparagraphs (d) to (f) apply only if services are performed
under this contract.
(2) Adjustments of Price or Time for Performance. If any such change increases or decreases the
contractor’s cost of, or the time required for, performance of any part of the work under this
contract, whether or not changed by the order, an adjustment shall be made in the contract price,
the delivery schedule, or both, and the contract modified in writing accordingly. Any adjustment
in contract price made pursuant to this clause shall be determined in accordance with the Price
Adjustment Clause of this contract. Failure of the parties to agree to an adjustment shall not
excuse the contractor from proceeding with the contract as changed, provided that the State
promptly and duly make such provisional adjustments in payment or time for performance as
may be reasonable. By proceeding with the work, the contractor shall not be deemed to have
prejudiced any claim for additional compensation, or an extension of time for completion.
(3) Time Period for Claim. Within 30 days after receipt of a written contract modification under
Paragraph (1) of this clause, unless such period is extended by the Procurement Officer in
writing, the contractor shall file notice of intent to assert a claim for an adjustment. Later
notification shall not bar the contractor’s claim unless the State is prejudiced by the delay in
notification.
(4) Claim Barred After Final Payment. No claim by the contractor for an adjustment hereunder
shall be allowed if notice is not given prior to final payment under this contract.
[07-7B025-1]
CISG (JAN 2006)
The parties expressly agree that the UN Convention on the International Sale of Goods shall not
apply to this agreement. [07-7B030-1]
27
COMPLIANCE WITH LAWS
During the term of the contract, contractor shall comply with all applicable provisions of laws,
codes, ordinances, rules, regulations, and tariffs. Pertaining to the resulting agreement,
Contractor shall adhere to all University of South Carolina policies, procedures, and mandates.
[07-7B035-1]
CONFERENCE – PRE-PERFORMANCE (JAN 2006)
Unless waived by the Procurement Officer, a pre-performance conference between the
contractor, state and Procurement Officer shall be held at a location selected by the state within
five (5) days after final award, and prior to commencement of work under the contract. The
responsibilities of all parties involved will be discussed to assure a meeting of the minds of all
concerned. The successful contractor or his duly authorized representative shall be required to
attend at contractor’s expense. [07-7B040-1]
CONTRACT LIMITATIONS (JAN 2006)
No sales may be made pursuant to this contract for any item or service that is not expressly
listed. No sales may be made pursuant to this contract after expiration of this contract. Violation
of this provision may result in termination of this contract and may subject contractor to
suspension or debarment. [07-7B045-1]
CONTRACTOR PERSONNEL (JAN 2006)
The Contractor shall enforce strict discipline and good order among the Contractor’s employees
and other persons carrying out the Contract. The Contractor shall not permit employment of unfit
persons or persons not skilled in tasks assigned to them. [07-7B060-1]
CONTRACTOR’S OBLIGATION – GENERAL (JAN 2006)
The contractor shall provide and pay for all materials, tools, equipment, labor and professional
and non-professional services, and shall perform all other acts and supply all other things
necessary, to fully and properly perform and complete the work. The contractor must act as the
prime contractor and assume full responsibility for any subcontractor’s performance. The
contractor will be considered the sole point of contact with regard to all situations, including
payment of all charges and the meeting of all other requirements. [07-7B065-1]
CONTRACTOR’S USE OF UNIVERSITY PROPERTY (JAN 2006)
Upon termination of the contract for any reason, the State shall have the right, upon demand, to
obtain access to, and possession of, all State properties, including, but not limited to, current
copies of all State application programs and necessary documentation, all data, files,
intermediate materials and supplies held by the contractor. Contractor shall not use, reproduce,
distribute, display, or sell any data, material, or documentation owned exclusively by the State
without the State’s written consent, except to the extent necessary to carry out the work. [07-
7B067-1]
DEFAULT – SHORT FORM (FEB 2015)
The state may terminate this contract, or any part hereof, for cause in the event of any default by
the contractor, or if the contractor fails to comply with any material contract terms and
conditions, or fails to provide the state, upon request, with adequate assurances of future
performance. In the event of termination for cause, the state shall not be liable to the contractor
28
for any amount for supplies or services not accepted, and the contractor shall be liable to the state
for any and all rights and remedies provided by law. If it is determined that the state improperly
terminated this contract for default, such termination shall be deemed a termination for
convenience. [07-7B080-2]
DISPOSAL OF PACKAGING (JAN 2006)
Contractor shall dispose of all wrappings, crating, and other disposable materials pertaining to
this contract at the end of each working day and upon completion of installation. [07-7B085-1]
ILLEGAL IMMIGRATION (NOV 2008)
(An overview is available at www.procurement.sc.gov) By signing your offer, you certify that
you will comply with the applicable requirements of Title 8, Chapter 14 of the South Carolina
Code of Laws and agree to provide to the State upon request any documentation required to
establish either: (a) that Title 8, Chapter 14 is inapplicable to you and your subcontractors or sub-
subcontractors; or (b) that you and your subcontractors or sub-subcontractors are in compliance
with Title 8, Chapter 14. Pursuant to Section 8-14-60, “A person who knowingly makes or files
any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty
of a felony, and, upon conviction, must be fined within the discretion of the court or imprisoned
for not more than five years, or both.” You agree to include in any contracts with your
subcontractors language requiring your subcontractors to (a) comply with the applicable
requirements of Title 8, Chapter 14, and (b) include in their contracts with the sub-subcontractors
language requiring the sub-subcontractors to comply with the applicable requirements of Title 8,
Chapter 14. [07-7B097-1]
INDEMNIFICATION-THIRD PARTY CLAIMS – GENERAL (NOV 2011)
Notwithstanding any limitation in this agreement, and to the fullest extent permitted by law,
Contractor shall defend and hold harmless Indemnitees for and against any and all suits or claims
of any character (and all related damages, settlement payments, attorneys’ fees, costs, expenses,
losses or liabilities) by a third party which are attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property arising out of or in connection with the
goods or services acquired hereunder or caused in whole or in part by any act or omission of
contractor, its subcontractors, their employees, workmen, servants, agents, or anyone directly or
indirectly employed by them or anyone for whose acts any of them may be liable, regardless of
whether or not caused in part by an Indemnitee, and whether or not such claims are made by a
third party or an Indemnitee; however, if an Indemnitee’s negligent act or omission is
subsequently determined to be the sole proximate cause of a suit or claim, the Indemnitee shall
not be entitled to indemnification hereunder. Contractor shall be given timely written notice of
any suit or claim. Contractor’s obligations hereunder are in no way limited by any protection
afforded under workers’ compensation acts, disability benefits acts, or other employee benefit
acts. This clause shall not negate, abridge, or reduce any other rights or obligations of indemnity
which would otherwise exist. The obligations of this paragraph shall survive termination,
cancelation, or expiration of the parties’ agreement. This provision shall be construed fairly and
reasonably, neither strongly for nor against either party, and without regard to any clause
regarding insurance. As used in this clause, “Indemnitees” means the State of South Carolina, its
instrumentalities, agencies, departments, boards, political subdivisions and all their respective
officers, agents and employees. [07-7B100-2]
29
LICENSES AND PERMITS (JAN 2006)
During the term of the contract, the Contractor shall be responsible for obtaining, and
maintaining in good standing, all licenses (including professional licenses, if any), permits,
inspections and related fees for each or any such licenses, permits and /or inspections required by
the State, county, city or other government entity or unit to accomplish the work specified in this
solicitation and the contract. [07-7B115-1]
MATERIAL AND WORKMANSHIP (JAN 2006)
Unless otherwise specifically provided in this contract, all equipment, material, and articles
incorporated in the work covered by this contract are to be new and of the most suitable grade for
the purpose intended. [07-7B120-1]
PRICE ADJUSTMENTS (JAN 2006)
(1) Method of Adjustment. Any adjustment in the contract price made pursuant to a clause in this
contract shall be consistent with this Contract and shall be arrived at through whichever one of
the following ways is the most valid approximation of the actual cost to the Contractor
(including profit, if otherwise allowed):
(a) by agreement on a fixed price adjustment before commencement of the pertinent performance
or as soon thereafter as practicable;
(b) by unit prices specified in the Contract or subsequently agreed upon;
(c) by the costs attributable to the event or situation covered by the relevant clause, including
profit if otherwise allowed, all as specified in the Contract; or subsequently agreed upon;
(d) in such other manner as the parties may mutually agree; or,
(e) in the absence of agreement by the parties, through a unilateral initial written determination
by the Procurement Officer of the costs attributable to the event or situation covered by the
clause, including profit if otherwise allowed, all as computed by the Procurement Officer in
accordance with generally accepted accounting principles, subject to the provisions of Title 11,
Chapter 35, Article 17 of the S.C. Code of Laws.
(2) Submission of Price or Cost Data. Upon request of the Procurement Officer, the contractor
shall provide reasonably available factual information to substantiate that the price or cost
offered, for any price adjustments is reasonable, consistent with the provisions of Section 11-35-
1830.
[07-7B160-1]
RELATIONSHIP OF THE PARTIES (JAN 2006)
Neither party is an employee, agent, partner, or joint venturer of the other. Neither party has the
right or ability to bind the other to any agreement with a third party or to incur any obligation or
liability on behalf of the other party. [07-7B205-1]
SHIPPING / RISK OF LOSS (JAN 2006)
F.O.B. Destination. Destination is the shipping dock of the Using Governmental Units’
designated receiving site, or other location, as specified herein. (See Delivery clause) [07-7B220-
1]
STORAGE OF MATERIALS (JAN 2006)
30
Absent approval of the using governmental unit, Contractor shall not store items on the premises
of the using governmental unit prior to the time set for installation. [07-7B235-1]
SUBSTITUTIONS PROHIBITED - END PRODUCT PREFERENCES (SEP 2009)
If you receive the award as a result of the South Carolina end product or United States end
product preference, you may not substitute a nonqualifying end product for a qualified end
product. If you violate this provision, the State may terminate your contract for cause and you
may be debarred. In addition, you shall pay to the State an amount equal to twice the difference
between the price paid by the State and your evaluated price for the item for which you delivered
a substitute. [11-35-1534(B)(4)] [07-7B236-1]
SUBCONTRACTOR SUBSTITUTION PROHIBITED - RESIDENT SUBCONTRACTOR
PREFERENCE (SEP 2009)
If you receive an award as a result of the subcontractor preference, you may not substitute any
business for the subcontractor upon which you relied to qualify for the preference, unless first
approved in writing by the procurement officer. If you violate this provision, the State may
terminate your contract for cause and you may be debarred. In addition, the procurement officer
may require you to pay the State an amount equal to twice the difference between the price paid
by the State and the price offered by the next lowest bidder, unless the substituted subcontractor
qualifies for the preference. [11-35-1524(D)(5)(c)] [07-7B237-1]
TERMINATION FOR CONVENIENCE – SHORT FORM (JAN 2006)
The Procurement Officer may terminate this contract in whole or in part, for the convenience of
the State. In such a termination, the Procurement Officer may require the contractor to transfer
title and deliver to the State in the manner and to the extent directed by the Procurement Officer:
(a) any completed supplies; and (b) such partially completed supplies and materials, parts, tools,
dies, jigs, fixtures, plans, drawings, information, and contract rights (hereinafter called
“manufacturing material”) as the contractor has specifically produced or specially acquired for
the performance of the terminated part of this contract. Upon such termination, the contractor
shall (a) stop work to the extent specified, (b) terminate any subcontracts as they relate to the
terminated work, and (c) be paid the following amounts without duplication, subject to the other
terms of this contract: (i) contract prices for supplies or services accepted under the contract, (ii)
costs incurred in performing the terminated portion of the work, and (iii) any other reasonable
costs that the contractor can demonstrate to the satisfaction of the State, using its standard record
keeping system, have resulted from the termination. The contractor shall not be paid for any
work performed or costs incurred that reasonably could have been avoided. As a condition of
payment, contractor shall submit within three months of the effective date of the termination a
claim specifying the amounts due because of the termination. The absence of an appropriate
termination for convenience clause in any subcontract shall not increase the obligation of the
state beyond what it would have been had the subcontract contained such a clause. [07-7B260-1]
WARRANTY – STANDARD (JAN 2006)
Contractor must provide the manufacturer’s standard written warranty upon delivery of product.
Contractor warrants that manufacturer will honor the standard written warranty provided. [07-
7B280-1]
31
VIII. BIDDING SCHEDULE
BIDDING SCHEDULE (NOV 2007)
On your own letterhead, please provide a quote to include the following services:
➢ 2 each Scaler feed & low noise block downconverter
➢ 8 each Quad DigiTrak IV receiver w/rack mount shelf
➢ 2 each Desktop dual pilot control module w/rack mount shelf
➢ 2 each GPS 3V bullet antenna
➢ 2 each 80' GPS antenna coaxial cable
➢ 1 each Network switch
➢ 1 each DAMS-NT server software
➢ Installation assistance to include RF Communication Specialist, two technicians,
transportation & travel costs
Note: Submission must include Pages 1 and 2 of this solicitation along with the quote.
[08-8015-1]
ATTACHMENTS LIST
The following documents are attached to this solicitation:
A. Offeror Checklist
B. Nonresident Tax Notice
[09-9002-1]
32
Attachment A OFFEROR’S CHECKLIST
AVOID COMMON MISTAKES
Review this checklist prior to submitting your proposal, provided to you as a point of reference. If you fail to follow this checklist, you risk having your proposal rejected; however, the evaluation of Responsiveness will be based on the solicitation, not this checklist. Please DO NOT return this page with your offer.
✓ COMPLETED AND SIGNED ALL REQUIRED DOCUMENTS.
✓ DO NOT INCLUDE ANY OF YOUR STANDARD CONTRACT FORMS!
✓ UNLESS EXPRESSLY REQUIRED, DO NOT INCLUDE ANY ADDITIONAL BOILERPLATE CONTRACT
CLAUSES.
✓ REREAD YOUR ENTIRE PROPOSAL TO MAKE SURE YOUR PROPOSAL DOES NOT TAKE EXCEPTION
TO ANY OF THE SOLICITATION'S MANDATORY REQUIREMENTS.
✓ MAKE SURE YOU HAVE PROPERLY MARKED ALL PROTECTED, CONFIDENTIAL, OR TRADE SECRET
INFORMATION IN ACCORDANCE WITH THE HEADING ENTITLED: FOIA BIDDING INSTRUCTIONS, SUBMITTING CONFIDENTIAL INFORMATION. DO NOT MARK YOUR ENTIRE BID AS CONFIDENTIAL, TRADE SECRET, OR PROTECTED! DO NOT INCLUDE A LEGEND ON THE COVER STATING THAT
YOUR ENTIRE RESPONSE IS NOT TO BE RELEASED!
✓ HAVE YOU PROPERLY ACKNOWLEDGED ALL AMENDMENTS? INSTRUCTIONS REGARDING HOW
TO ACKNOWLEDGE AN AMENDMENT SHOULD APPEAR IN ALL AMENDMENTS ISSUED.
✓ MAKE SURE YOUR PROPOSAL INCLUDES A COPY OF THE SOLICITATION COVER PAGE. MAKE
SURE THE COVER PAGE IS SIGNED BY A PERSON THAT IS AUTHORIZED TO CONTRACTUALLY BIND
YOUR BUSINESS.
✓ MAKE SURE YOUR PROPOSAL INCLUDES THE NUMBER OF COPIES REQUESTED.
✓ CHECK TO ENSURE YOUR PROPOSAL INCLUDES EVERYTHING REQUESTED!
✓ IF YOU HAVE CONCERNS ABOUT THE SOLICITATION, DO NOT RAISE THOSE CONCERNS IN YOUR
RESPONSE! AFTER OPENING, IT IS TOO LATE! IF THIS SOLICITATION INCLUDES A PRE-PROPOSAL CONFERENCE OR A QUESTION & ANSWER PERIOD, RAISE YOUR QUESTIONS AS A
PART OF THAT PROCESS! PLEASE SEE BIDDING INSTRUCTIONS AND ANY PROVISIONS
REGARDING PRE-BID CONFERENCES.
[09-9010-1]
33
Attachment B
IMPORTANT TAX NOTICE - NONRESIDENTS ONLY
Withholding Requirements for Payments to Nonresidents: Section 12-8-550 of the South Carolina
Code of Laws requires persons hiring or contracting with a nonresident conducting a business or
performing personal services of a temporary nature within South Carolina to withhold 2% of each
payment made to the nonresident. The withholding requirement does not apply to (1) payments on
purchase orders for tangible personal property when the payments are not accompanied by services
to be performed in South Carolina, (2) nonresidents who are not conducting business in South
Carolina, (3) nonresidents for contracts that do not exceed $10,000 in a calendar year, or (4)
payments to a nonresident who (a) registers with either the S.C. Department of Revenue or the
S.C. Secretary of State and (b) submits a Nonresident Taxpayer Registration Affidavit - Income
Tax Withholding, Form I-312 to the person letting the contract.
The withholding requirement applies to every governmental entity that uses a contract ("Using
Entity"). Nonresidents should submit a separate copy of the Nonresident Taxpayer Registration
Affidavit - Income Tax Withholding, Form I-312 to every Using Entity that makes payment to the
nonresident pursuant to this solicitation. Once submitted, an affidavit is valid for all contracts
between the nonresident and the Using Entity, unless the Using Entity receives notice from the
Department of Revenue that the exemption from withholding has been revoked.
_______________________
Section 12-8-540 requires persons making payment to a nonresident taxpayer of rentals or royalties
at a rate of $1,200.00 or more a year for the use of or for the privilege of using property in South
Carolina to withhold 7% of the total of each payment made to a nonresident taxpayer who is not a
corporation and 5% if the payment is made to a corporation. Contact the Department of Revenue
for any applicable exceptions.
_______________________
For information about other withholding requirements (e.g., employee withholding), contact the
Withholding Section at the South Carolina Department of Revenue at 803-898-5383 or visit the
Department's website at: www.sctax.org
_______________________
This notice is for informational purposes only. This agency does not administer and has no
authority over tax issues. All registration questions should be directed to the License and
Registration Section at 803-898-5872 or to the South Carolina Department of Revenue,
Registration Unit, Columbia, S.C. 29214-0140. All withholding questions should be directed to
the Withholding Section at 803-896-1420.
PLEASE SEE THE "NONRESIDENT TAXPAYER REGISTRATION AFFIDAVIT INCOME
TAX WITHHOLDING" FORM (FORM NUMBER I-312) LOCATED AT:
https://dor.sc.gov/forms-site/Forms/I312.pdf
[09-9005-2]